Madras High CourtCRP/4660/2017disposed of

Saravanan v. Indya @Iniyaval

2021-03-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(NPD) No.4660 of 2017 and C.M.P.No.21971 of 2017 Saravanan ...

Petitioner Vs 1.Iniya @ Iniyaval W/o.Late Jayakumar 2.Minor Srinithi, D/o.Late Jayakumar 3.Vijaya W/o.Sathiyamurthi 4.Sathiyamurthi ...

Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside order dated 09.10.2017, passed in I.A.No.82 of 2016 in W.C.No.462 of 2016 (Old No.W.C.No.353 of 2011) on the file of the Commissioner of Workman Compensation/Deputy Commissioner of Labour, Conoor, (Camp at Namakkal). 1/4

For Petitioner : Mr.S.Saravanan For Respondents : Mr.Ma.P.Thangavel

ORDER

This Civil Revision Petition is filed against the fair and decreetal order dated 09.10.2017 made in I.A.No.82 of 2016 in W.C.No.462 of 2016 (Old No.W.C.No.353 of 2011) on the file of the Commissioner of Workman Compensation/Deputy Commissioner of Labour, Conoor, (Camp at Namakkal), thereby allowing the petition to condone the delay in filing the setting aside ex-parte order dated 28.09.2015.

2. The petitioner is the respondent in the claim petition filed by the respondents herein. The respondent failed to appear before the Deputy Commissioner of Labour, Coonoor, as such he was set ex-parte and ex-parte order was passed on 28.09.2015. The petitioner filed a petition to set aside the ex-parte order by delay of 126 days. The Court below allowed the petition on condition that directing the petitioner to deposit a sum of Rs.4,09,632/-. Aggrieved by the same, the present Civil Revision Petition. 2/4

3. While admitting the Civil Revision Petition, this Court imposed a condition that the petitioner shall deposit the said amount on or before 04.06.2018. As directed by this Court, the petitioner duly complied the said order and deposited a sum of Rs.4,09,632/- by way of Demand Draft before the Deputy Commissioner of Labour, Coonoor. Therefore, the petitioner duly complied with the condition imposed by the Deputy Commissioner of Labour, Coonoor. The Deputy Commissioner of Labour is directed to dispose of the claim petition on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, the Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

18.03.2021 lpp Index:Yes/No Internet:Yes/No Speaking Order: Yes/No 3/4

G.K.ILANTHIRAIYAN.J, lpp To

1. The Commissioner of Workman Compensation/ Deputy Commissioner of Labour, Conoor, (Camp at Namakkal).

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

C.R.P.(PD) No.4660 of 2017 18.03.2021 4/4